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Montana Gun Free School Zone Case: Oral Arguments in Ninth Circuit Appeal
AmmoLand ^ | June 24, 2025 | Dean Weingarten

Posted on 07/01/2025 10:50:33 AM PDT by marktwain

In the Ninth Circuit appeals case of USA v. Metcalf, the oral arguments were held on June 12, 2025, in Portland, Oregon. The case centers around the federal prosecution of Gabriel Metcalf for possessing a firearm in a gun free school zone outside his home in Billings, Montana. Gabriel had no prior criminal history.

The attorneys arguing the case were the same as in Montana. The Federal defender arguing for Gabriel Metcalf was/is Russel Hart. The Federal prosecutor was/is Thomas Godfrey. The three-judge panel in the Court of Appeals for the Ninth Circuit consists of Judge Mary M. Schroeder (Carter appointee), Judge John B. Owens (Obama appointee), and Judge Lawrence Vandyke (Trump appointee).

The oral arguments lasted 38 minutes. The judges in the case were particularly interested in whether the case of Rehaif v. United States was a precedent that was binding in the Metcalf case.

In Rehaif, the Supreme Court ruled that the prosecution had to show the defendant knew he was in violation of the law. In the Metcalf case, Gabriel Metcalf had been repeatedly told he was not in violation of the law and had called the FBI to ask for assistance, believing he was being harassed by local law enforcement.

The prosecution claimed Metcalf had been told he was in violation of federal law. The defense countered that the day Metcalf was arrested, there was an article in the paper in which a local police chief said Metcalf had not done anything they could arrest him for, so the police were going to talk to federal officials.

(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: banlist; gfsz; montana; school
The appeal to a three judge panel in the Court of Appeals for the Ninth Circuit, has had oral arguments for the Montana Gun Free School Zone case. (Gabriel Metcalf)
1 posted on 07/01/2025 10:50:33 AM PDT by marktwain
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To: marktwain

I hope the 9th will do the right thing here. What this man has gone through is so wrong.


2 posted on 07/01/2025 10:57:58 AM PDT by Dartoid
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To: marktwain

The right to keep and bear arms shall not be infringed.

Although they do have a very long list of locations and circumstances under which it will absolutely be infringed.


3 posted on 07/01/2025 10:59:29 AM PDT by ClearCase_guy
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To: Dartoid

It’s interesting to read about a prosecutor pushing this seemingly minor case, while a counterpart in Moscow, Idaho, has run from prosecuting the Kohlberger case, instead grabbing a plea deal that will keep all sides out of a court fight; in the “interest of justice” of course for the families, whose own desires for real justice were cast aside. Something strange in the water of the Pacific Northwest.


4 posted on 07/01/2025 11:03:59 AM PDT by DPMD
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To: ClearCase_guy

Given the obvious exemptions for government guns, dearly loved by all libs, you,’d think the 2nd was only about the right of government to keep and bear arms.


5 posted on 07/01/2025 11:05:25 AM PDT by DPMD
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To: marktwain

6 posted on 07/01/2025 11:12:21 AM PDT by E. Pluribus Unum (Democrats are the Party of anger, hate and violence.)
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To: marktwain

Seriously? A Carter appointee? Over FIFTY years on this bench?

That is ridiculous and offensive.


7 posted on 07/01/2025 11:27:34 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion. The Dhimmicraps are ALL Traitors. All of them.)
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To: marktwain

I hope this case ends the GFSZ idiocy.


8 posted on 07/01/2025 11:44:09 AM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: marktwain

Having gun free zones around schools NEVER stopped a school shooting.

Criminals don’t care what the laws are.


9 posted on 07/01/2025 11:55:39 AM PDT by metmom (He who testifies to these things says, “Surely I am coming soon." Amen. Come, Lord Jesus…)
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To: metmom

Who are these people who only want criminals to have firearms near schools?


10 posted on 07/01/2025 12:05:14 PM PDT by TheDon (Remember the J6 political prisoners! Remember Ashli Babbitt!)
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To: ClearCase_guy

To my peril I ignore them frequently. Judged by 12 than carried by 6.


11 posted on 07/01/2025 12:06:01 PM PDT by Resolute Conservative
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To: Dartoid

Federal government should pay the legal fees for the defense, commensurate with prosecution costs.

Particularly in a case like this where there is no victim.


12 posted on 07/01/2025 12:11:19 PM PDT by TheDon (Remember the J6 political prisoners! Remember Ashli Babbitt!)
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To: TheDon

What is you have a home for decades and the big bad govt builds a school next door to you?


13 posted on 07/01/2025 1:06:16 PM PDT by George from New England (escaped CT back in 2006)
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